Law & American Society

Defenses

Defenses

• For a conviction to occur in a criminal case, two requirements must be met.

• 1.The prosecutor must establish beyond a reasonable doubt that the defendant committed the act in question.

• 2. The prosecutor must establish the defendant committed the act with the required intent.

Defenses

• The defendant does not have to present a defense. He or she can simply force the government to prove its case.

• However, several defenses are available to defendants in criminal cases.

No Crime Has Been Committed

• The defendant may present evidence to show that (1) no crime was committed or (2) no criminal intent was involved

Defendant Did Not Commit the Crime

• Alibi-evidence that the defendant was somewhere else at the time the crime was committed.

• DNA evidence -biological evidence that links or does not link the defendant to the crime

Defendant Committed a Criminal Act, but the Act Was Excusable or

Justifiable

• Self-defense--use reasonable force to protect yourself

• Defense of Property—use reasonable force to protect property

• Defense of Others—use reasonable force to protect others

• Ms. Urbanski kept a pistol in her home as protection against intruders. One evening she heard a noise in the den and went to investigate. Upon entering the room, she saw a man stealing her television. The burglar, seeing the gun, ran for the window, but Ms. Urbanski fired and killed him before he could escape. In a trial fro manslaughter, Ms. Urbanski pleaded self-defense. Would you find her guilty? Why or Why not?

ANSWER:

• She cannot legally claim that she acted in self-defense. When Ms. Urbanski fired the gun, the intruder was already fleeing. The intruder presented no direct threat to her. In most cases, deadly force cannot be used to protect property; it can only be used when an individual reasonably fears imminent death or serious injury.

• Mr. Peters has a legal handgun to protect his home against intruders and against the increasing crime in his neighborhood. One night Takeshi, a 16-year-old Japanese exchange student walks up Mr. Peters driveway looking for a party. Takeshi thinks Mr. Peters is hosting the party and begins yelling and waving his arms. Mr. Peters gets scared, retrieves his handgun, and points it at Takeshi while yelling “Freeze!” Takeshi does not understand English and keeps walking towards Mr. Peters. Thinking he is an intruder, Mr. Peters shoots and kills Takeshi at the front steps of his house. Mr. Peters is charged with first degree murder. Does he have a defense?

ANSWER:

• Based on an actual case. He was charged with manslaughter, claimed self-defense, and was acquitted.

• It actually happened during Halloween, with the exchange student dressed in a disco costume.

• Make My Day Law – prohibits the use of deadly force to protect property.

• The owner of a jewelry store spots a shoplifter stealing an expensive necklace. Can the owner use force to prevent the crime? If so, how much?

ANSWER:

• The owner can use reasonable, nondeadly force to protect property. For example, it is not reasonable to shoot a shoplifter. Preserving human life is more important to society than protecting property. Of course, if the shoplifter threatens the owner’s life with force, deadly force would be permitted in self-defense.

Defendant Committed a Criminal Act but Is Not Criminally Responsible for His or Her Actions

• Infancy-under age of 7 not considered capable of committing a crime

• Intoxication-voluntary intoxication is not a defense

• Insanity-should not be convicted of something if you do not know what you are doing is wrong.

Defendant Committed a Criminal Act but Is Not Criminally Responsible for His or Her Actions

• Duress-when a person commits a crime as a result of coercion or a threat of immediate danger to life or personal safety

• Entrapment-admit committing a criminal act but claim that he or she was induced, or persuaded, to commit the crime by a law enforcement officer.

• Necessity-when a person acts because they are compelled to react to a situation that is unavoidable in order to protect life.

• Think about the Case of the Shipwrecked Sailors from the beginning of the year. Would any of the defenses discussed be available to the sailors who survived and were prosecuted? Should they be? Explain your answer.